Commercial Premises Liability Claim Results in Complete Dismissal

June 25, 2024

BRS Attorney, W. Trevor Smith’s successful defense of a commercial premises liability claim resulted in a complete dismissal, with prejudice, of all general and special damages for personal injury, emotional distress, and loss of consortium claims brought by Plaintiff for injuries allegedly sustained while Plaintiff was washing her feet in the shower of a Deridder hotel. Plaintiff’s unfortunate accident resulted in a compound femoral fracture, which necessitated the plaintiff being airlifted to a level one trauma center, during Covid, for emergency surgery that required implantation of medical hardware, as well as several follow-up corrective surgeries. Plaintiff’s petition alleged that the hotel allowed conditions on the premises that presented an unreasonable risk of foreseeable harm, and failed to warn her of the danger, or exercise reasonable care to prevent her fall. Specifically, Plaintiff alleged that the hotel shower was too narrow, lacked handrails, and non-slip bathmat, all of which created a hazardous condition resulting in her injuries. On a motion for summary judgment, BRS Attorney Smith was able to demonstrate that Plaintiff failed to meet her burden under La. R.S. § 9:9800.6, by proving the hotel did in fact have shower rails, and the tub was manufactured with an anti-slip coating. In addition, Smith convinced the court that Plaintiff’s alleged hazardous condition was open and obvious, and the risk of slipping in a bath tub was known to the Plaintiff. Consequently, the 36th JDC court dismissed all claims resulting in $0 garnered by Plaintiff’s litigation.